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THE MAYERSON FIRM PLLC
When an Insurer Changes Its Coverage Position: Waiver, Estoppel, and Mend-the-Hold
Sometimes an insurance policy does not cover a claim as written, yet the insurer’s words or conduct may prevent it from relying on an otherwise valid defense. Lawyers usually reach for one of three doctrines: waiver, equitable estoppel, or “mend-the-hold.” Those doctrines overlap, but they are not interchangeable. Each asks a different question, requires different proof, and may produce a different result. The governing law also varies significantly by jurisdiction. The pract
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